LLC, DBA or Incorporation:Online Business Filing
Whether it's an LLC, DBA or Incorporation, completing an online business filing can be fast and easy! Our business filing process is so simple that anyone can complete an incorporation filing, LLC filing or DBA with confidence, sometimes in as little as 10 minutes. Our business filing specialists work one-on-one with you to remove guesswork from the business filing paperwork and give you peace of mind. This way, you can focus on running your business instead of wasting time with paperwork hassles.
What could be better?
More Reasons to Use Us for Your Online Business Filing…
Peace of mind goes much deeper than taking the paperwork off your desk. When you choose a company to help your new business complete an incorporation filing or LLC filing, you are forming a partnership that is critical to your business success.
At EZonlineFiling.com we get that.
We call our formation specialists Business Filing Partners…and that’s just what you get. The first person you speak with will be the last. He or she will manage your business filing documents, contact you with any questions that arise, and handle the back-end project management to ensure that our processing team handles your business filing exactly to your expectations. Have questions later in the process? We don’t have random customer service reps take your calls…you will speak with the same person you did on the very first day you called. That’s what we call Service!
Completing a business filing with EZonlineFiling is now the easiest item on your to do list!.
Here’s how it works:
- Fill out our Online Form or talk to a business filing specialist:
We will review a few simple questions related to your business filing and we will do it in only ten minutes of your time.
- We complete your paperwork and file it with the state:
Once we complete Step 1, we then create the business filing documents that the state needs for the formation. We give everything a quality check to make certain your answers are accurately reflected and the actual filing with the state takes place.
- Final steps:
When we receive the approved business filing paperwork back from the state, we will forward everything to you along with any other related papers or directions.
Truly as easy as 1, 2, 3! All of the confusing processes that happen in-between these three steps are handled by us. That’s the real magic of what we do!
Completing your business filing can be very complicated if you haven’t done it before. As a result, our customers often come to us with many questions. Here are some of the more common questions and the related answers.
Q: How many types of entity types are there to choose from for my business filing?
A: For an incorporation filing, there are four basic types: C-Corporation, S-Corporation, Professional Corporation, or Non-Profit Corporation. There are also Limited Liability Companies (LLC). You can read more about these business filing types in our Learning Center under Help Me Decide. It clearly describes the pros and cons of each business filing.
Q: What is a C-Corporation?
A: There is really one major distinction that sets a corporation apart from other business filings. A corporation is truly separate from the people who own and manage it. As a result, the corporation must pay it’s own taxes…they are not paid by the owners or managers. Owners, for example, only pay taxes on money that the corporation pays them in the form of salaries and bonuses, just like in any other job.
Q: What is an S-Corporation?
A: An S-Corporation is a regular corporate structure, which has selected an S-Corporation tax status in it's business filing with the IRS. When this is done, the owner still gets the liability protections of a corporation however, all of the tax responsibilities pass directly through to the owner as if he or she were a sole proprietor. All profits or losses would appear on the owner’s personal tax returns. NOTE: Any corporation can elect S-Corporation status after it has been formed. The process requires submitting specially prepared tax forms to the IRS and may require a state level filing as well.
Q: What is a Professional Corporation?
A: There are certain activities, which businesses engage in that states consider to be “Professional Services”. Examples of “Professional Services” include the following:
- Medical Services
- Architectural Services
- Accounting and Financial Services
- Legal Services
Some states might designate other professions as “Professional Services”, and it may be important for you to seek the advice of an attorney if you feel that your business might fall under these statutes. Once you determine that a Professional Corporation is right for you, we can prepare the special your Articles of Incorporation as required by the state.
Q: What is a Non-Profit Corporation?
A: Corporations which select Non-Profit status generally are formed for a non-commercial purpose, such as the support of a charity, religion, research, or even politics and education. Such an organization is governed under special rules that affect a number of issues such as taxes and what happens to the group’s assets upon dissolution of the company. Because of their specialized status, we recommend seeking competent counsel for both legal and accounting purposes before finalizing your decision on Non-Profit status. As always, once this selection is determined, we can handle everything else.
Q: How will incorporating my business benefit me?
A: No matter what size your business is or how large you intend to grow, there are clear advantages to forming a Corporation or an LLC. Four of the most common reasons for formalizing your business are:
- Potential tax benefits
- Increased credibility for your company
- Personal asset protection
- The business can continue to operate even if an owner or partner leaves.
Q: What is a Limited Liability Company (LLC)?
A: A Limited Liability Company, commonly referred to as an LLC, is a legal entity used for business that is separate and distinct from its owners and managers. It has characteristics of both Corporations and Sole Proprietorships. Like a corporation, the owners of an LLC are not personally liable for business debts. Like a sole proprietorship, an LLC has operating flexibility and is a pass-through entity for tax purposes. This means the LLC’s profits are passed through and taxable to the owners of the LLC. These reasons make this one of the most popular business filing types.
Q: What is a DBA (Doing Business As)?
A: Very simply put, DBA stands for “Doing Business As” and it is an official registration of the name you are conducting business in. This is used anytime you are conducting business in a name that is different from your personal legal name or your businesses legal name. This business filing does not provide the owners with any liability protection.
Q: What is the main difference between an LLC and an S-Corporation?
A: An LLC has more flexibility and fewer restrictions than an S corporation. An S corporation cannot have more than 100 stockholders, cannot issue more than one class of shares, and is subject to more formalities than an LLC. However, owners of an LLC are required to pay Social Security and Medicare taxes on profits. Corporate stockholders are not required to pay these taxes on profits over and above the stockholders’ salaries.
Q: What is the main difference between a C-Corporation and an S-Corporation?
A: C corporations are subject to double taxation. This means there is one tax at the corporate level on the corporation's net income, and another tax to the shareholders when the profits are distributed. S corporations have only one level of taxation. All of their income is allocated to the stockholders.
However, C corporations have greater tax planning flexibility and can shield stockholders from direct tax liability. In addition, S corporations are subject to limitations, such as the number and type of stockholders they can have.
Q: Do I need to file a DBA?
A: This type of business filing is necessary if you are conducting business in a name other than your personal name or the legal name of your business. Also, it is customary for banks to require a DBA registration to open a bank account. It is an extremely common filing and is used by both sole proprietors and corporations on a regular basis.
Q: To open a business bank account, do I need a DBA?
A: Generally, you do. Most banks require it to open a business bank account and in many states, they require that you provide them with a certified copy of the DBA.
Q: Can you give me an example of what a DBA might be?
A: For this first example, Mark Thomas runs a landscaping and lawn care business, which he advertises as QuickCuts. His customers make checks out to QuickCuts and Mark needs to deposit them into his bank account or cash them. Usually, advertising the name alone would require a DBA filing, but add in the checks and Mark will almost certainly be required to file a DBA.
Q: Are there names that a DBA cannot be?
A: Yes. DBA’s are not allowed to imply that they are a formal corporation. So, you would not be allowed to add “Inc” to the end of the name. From the above example, Mark would not be able to file his DBA as QuickCuts, Inc. However, almost any other name would likely be fine.
Q: Am I required to file a DBA and, if so, how soon must I do so?
A: Some states require the business filing happen within a short amount of time from when you begin to use the name, usually within 30-60 days. However, it is best to file your DBA prior to ever using it.
Q: What is a Registered Agent?
A: Generally, states require businesses to provide them with an address of record in every state where they do business to facilitate the receipt of legal documents and notices. The address or person who receives these notices must be in that state and they are referred to as the Registered Agent. This can be cumbersome to accomplish on your own, which is why we provide this service in all 50 states.
Q: Do I need a Registered Agent?
A: Every state requires that you register to do business within that state and they generally require a designated agent for the purpose of receiving legal and official documents.
Q: What happens if I don’t designate a Registered Agent?
A: Failure to maintain a Registered Agent may cause you to fall out of good standing with the state. This could result in your company no longer being allowed to conduct business in that state as well as financial penalties imposed by the state. Falling out of good standing could result in your company being subject to civil and criminal sanctions, as well as financial losses.
Q: What is an EIN?
A: This is a number issued by the IRS to identify a business for tax purposes.
Q: How do I know if I need an EIN?
A: You likely need an EIN if you would like to distinguish your business activities from your personal life for tax purposes. There are some clear situations where an EIN is needed. Examples would be:
- You operate as a corporation or partnership
- You have employees
- Your business is involved with one of the following:
- Non-profit Organizations
- Farmers Co-ops
This is hardly an exhaustive list. It is generally a good idea to use an EIN for business since it distinguishes your business from you, personally.
Q: What do I get back once I have formed my corporation?
A: Once your business filing is finalized, you will receive your Articles of Incorporation, as well as paperwork related to your by-laws and organizational minutes. Depending on your individual filing, there may be other documents returned to you, such as an EIN or DBA related items.
Q: What do I get back once I have formed my Limited Liability Company?
A: Once we have finalized your business filing, you will receive two very important documents from us, your Articles of Organization and your Operating Agreement. These documents are what the whole process has been about. Depending on your individual filing, there may be other documents returned to you, such as an EIN or DBA related items.
Articles of Organization: This document verifies that you have a legitimate business. These articles have been approved by the Secretary of State and should be kept in a safe place! They include basic information, which you may sometimes need to refer to such as the business name, business purpose, and any stock which may be issued.
Operating Agreement: Just as the Articles of Organization give you a basic outline of your company, the Operating Agreement contains all the rules for the conduct of the LLC. This will include information on meetings, notices, officers and their duties, and are a formal contract. NOTE: The Operating Agreement must be completed and signed upon receipt!
Q: What is involved in selecting a Corporate Officer?
A: When we begin your filing, we will allow you to select as many as four officers for your corporation. There are, however, only three positions, which are considered mandatory:
Most states will allow one person to serve in all three positions. In such a case, the person’s responsibilities and authority will be different in each position.
This position has responsibility for the overall management of the company and carries out the orders of the board of directors.
This is the chief financial officer and he or she will manage the bank accounts and finances of the business.
This position is responsible for maintaining all corporate records for the company.
Q: What forms of payment do you take?
A: To keep processing times short, we accept all major credit cards. This allows us to begin processing your business filing immediately.
Q: How long does it take to complete a new business filing?
A: The answer to this question is very dependent on the state in which you are forming your company. With EZonlinefilings.com, we begin to process your business filing the same day you speak with us and we can even rush your order, which can speed the process up. We may be able to have a completed formation back to you in just a few days, but if your Secretary of State is behind, it can take much longer. Talk to us about any time constraints you have and let us help you find an answer specific to the business filing you want completed.
Q: What does it mean when someone talks about “piercing the corporate veil”?
A: This is the legal term used to describe an action to have the corporation set aside for purposes of the litigation, such that personal liability attaches, and personal assets can be reached. One of the biggest advantages to incorporating a business is that the principals of a corporation or LLC enjoy broad protection from being held personally responsible for the debts and liabilities of the corporation. That is, creditors can reach the corporation's assets, but once those assets are exhausted they cannot ordinarily also reach the personal assets of the owners or shareholders of the corporation. Those to whom a corporation is liable may try to “pierce the corporate veil”. For this reason, it is vital that the owners and members make every attempt to follow all corporate formalities required by the state and never use a corporation for personal use.
Q: What does it mean for a business to fall into “bad standing”?
A: This is the common terminology used to describe a business entity that has not properly maintained its obligations with one or more states where it conducts business. Companies that are in bad standing long enough risk administrative dissolution or revocation by the state. This should be avoided because when a state administratively dissolves a corporation or LLC or its corporate or LLC status is revoked, the benefits of being a corporation or LLC are lost to the business.
Q: What is “pass-through” taxation?
A: This means that the business entity, itself, is not directly taxed, and the tax burden is instead passed on to the owners and/or members. Thus, the business entity passes its profits and/or losses to the owners as income, wages and profit payments, and each owner or member pays the taxes on their individual share of those profits.